CO HB1202

All Colorado employers with 10 or more employees must participate in the federal E-Verify program to verify work eligibility of new employees hired on or after January 1, 2017.

Employers must retain written or electronic copies of employment eligibility information received through E-Verify and enter into an agreement with the U.S. Department of Homeland Security to participate in the program.

Penalties include fines up to $5,000 for first offense and up to $25,000 for second offense; subsequent offenses subject to up to $25,000 fine and suspension of all business licenses for up to 6 months.

The Department of Labor and Employment must notify all employers quarterly of requirements and post permanent notice on its website with instructions for E-Verify enrollment; the Secretary of State must also post information about requirements and penalties on its website.

Employers acting in good faith and complying with E-Verify requirements have a rebuttable presumption they did not knowingly employ unauthorized aliens; the act takes effect January 1, 2017, unless subject to referendum petition.